HYDRAFOAM ESTATE LTD vs. MR. KUMNIPA AND MR. AGYEMAN

DOTSE JSC: This is an appeal by the Plaintiffs/Appellants/Appellants, hereafter referred to as the Plaintiffs, against the unanimous judgment of the Court of Appeal rendered on the 31st day of October 2013 which dismissed the initial appeal lodged by the Plaintiff’s against the decision of the High Court dated 27th May 2011 which also dismissed the Plaintiff’s action and entered judgment for the 1st Defendant/Respondent/Respondent, hereafter referred to as the 1st Defendant, on his counterclaim as specified in the judgment therein of 27th May 2011. From the above rendition, what strikes us in the face is the fact that, the Plaintiff’s not only lost the case at the High Court, where judgment was entered on behalf of the 1st Defendant on his counterclaims as specified, but also lost their appeal against the High Court decision to the Court of Appeal. This in effect raises the legal principles involved where a party like the plaintiffs lost the case at both the trial court and ...